26 U.S.C. § 5852 — General transfer and making tax exemption
submitted 58 years ago by Pub. L. 90-618 to r/title-26-INTERNAL-REVENUE-CODE · 246 words · no verdicts yet
This section sets out the rules for “General transfer and making tax exemption.” It states the duties, permissions, limits, definitions, or reports contained in this section.
(a) Transfer Any firearm* may be transferred to the United States or any department, independent establishment, or agency of it, without payment of the transfer tax imposed by section 5811.
((b) Making by a person other than a qualified manufacturer* Any firearm may be made by, or on behalf of, the United States, or any department, independent establishment, or agency of it, without payment of the making tax imposed by section 5821.
((c) Making by a qualified manufacturer A manufacturer qualified under this chapter to engage in such business may make the type of firearm which he is qualified to manufacture without payment of the making tax imposed by section 5821.
((d) Transfers between special (occupational) taxpayers A firearm registered to a person qualified under this chapter to engage in business as an importer*, manufacturer, or dealer* may be transferred by that person without payment of the transfer tax imposed by section 5811 to any other person qualified under this chapter to manufacture, import, or deal in that type of firearm.
((e) Unserviceable firearm* An unserviceable firearm may be transferred as a curio or ornament without payment of the transfer tax imposed by section 5811, under such requirements as the Secretary* may by regulations prescribe.
((f) Right to exemption No firearm may be transferred or made exempt from tax under the provisions of this section unless the transfer or making is performed pursuant to an application in such form and manner as the Secretary may by regulations prescribe.
Any firearm* may be transferred to the United States or any department, independent establishment, or agency thereof, without payment of the transfer tax imposed by section 5811.
Any firearm may be made by, or on behalf of, the United States, or any department, independent establishment, or agency thereof, without payment of the making tax imposed by section 5821.
A manufacturer qualified under this chapter to engage in such business may make the type of firearm which he is qualified to manufacture without payment of the making tax imposed by section 5821.
A firearm registered to a person qualified under this chapter to engage in business as an importer*, manufacturer, or dealer* may be transferred by that person without payment of the transfer tax imposed by section 5811 to any other person qualified under this chapter to manufacture, import, or deal in that type of firearm.
An unserviceable firearm may be transferred as a curio or ornament without payment of the transfer tax imposed by section 5811, under such requirements as the Secretary* may by regulations prescribe.
No firearm may be transferred or made exempt from tax under the provisions of this section unless the transfer or making is performed pursuant to an application in such form and manner as the Secretary may by regulations prescribe.
Source credit: (Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1233; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
- 1968Enacted · Pub. L. 90-618 · 82 Stat. 1233
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-618 on 1968-10-22.
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